Testament
of
Azariah Bailey
Newton County
I, AZARIAH BAILEY, being low in health, but of sound disposing mind and memory, do
make, declare and publish this my last Will & Testament.
FIRST, I commend my feeble body to the dust whence it came and my soul to the hands
of my Creator.
In making a disposition of such worldly effects as I have, it is my will and desire FIRST.
The tract of land upon which I now reside, being part of those lots I give JOSHUA BAILEY,
JOSEPH BAILEY and EPHRIAM HEARD and to their heirs to be divided or sold as a majority of
them may deem proper.
SECOND, the lot of land I hold in the County of Henry Number / 122 / one hundred &
twenty-two and the Sixth District, I give to the legal representatives of WILLIAM BAILEY,
deceased, and to the legal representatives of CALEB BAILEY, deceased, to be equally divided
by my executors hereinafter named.
THIRD, I give to BENJAMIN H. BAILEY and his heirs the tract or half of lot of land
whereon WILLIAM HUBBARD now resides.
FOURTH, I give to my son JOSHUA BAILEY and his heirs the following Negroes, to-wit:
Little Anthony, Eady, Stephen, Peter, and Celia, and their issue.
FIFTH, I give to my son JOSEPH BAILEY four hundred dollars in consideration of his
having relinquished his claim to a certain Negro named Big Anthony which said sum of four
hundred dollars is to be paid by my after named executors as soon as they conveniently can. I
hold some notes made by Thomas Fields and Joseph Howard which I wish to be disposed of
as follows: First I wish all my just debts / if any / immediately paid. To my grandson, JESSE H.
BAILEY, the sum of one hundred & thirty dollars when he arrives at the age of twenty one years
which is to remain in the hands of BENJAMIN H. BAILEY on his making the same secure to the
said JESSE H. BAILEY when due, which is not to bear interest while in such safe keeping. I give
to my grandchildren, JESSE, WILLIAM, AZARIAH, ELIZABETH and JOHN BAILEY, children of my
son, CALEB BAILEY, deceased, the sum of one hundred dollars to be in the hands of my son,
JOSHUA. The balance of the above named notes, if any, together with the residue of my
personal property I wish to be divided into six equal shares and amongst the legal heirs of
WILLIAM BAILEY, deceased; EPHRIAM HEARD; JOSHUA BAILEY; the legal heirs of CALEB
BAILEY, deceased; JOSEPH BAILEY; and BENJAMIN H. BAILEY.
Having paid to my son, JOSEPH, the most of the four hundred dollars in this will
specified for the Negro, Big Anthony, I wish my after named executors to come to settlement with
said son, JOSEPH, and pay the balance of the said four hundred dollars to him.
I hereby nominate and appoint my sons, JOSHUA BAILEY and BENJAMIN H. BAILEY,
executors to this my last Will & Testament hereby revoking & canceling all other & former Wills
by me made.
In testimony whereof, I have hereunto set my hand and seal the 19th day of October,
1831.
Signed, sealed, acknowledged &
Delivered in the presence of:
Zachariah B. Hargrove, A. Bailey
J. W. Morrow
James Hodge Jr.
Georgia Court of Ordinary March 5th, 1832. In open court
Newton County personally appeared Zachariah B. Hargrove, Jesse W.
Morrow, James Hodge Jr., and after being duly sworn saith that they saw the within named
AZARIAH BAILEY, deceased, sign and seal and publish the within as his last Will & Testament
and they further swear that at the time of such sealing, signing & publication that the said
AZARIAH was in his proper senses and of sound and disposing mind, according to the best of
their knowledge and belief.
Sworn to in open Court the 5th day of March, 1832 Zachariah B. Hargrove
J. W. Morrow
James Hodge Jr.
Registered 10th April , 1832.
